Marcum bond reduction undecided

Bryan NoonanStaff Writer

Published Friday, July 23, 2004

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Henry Marcum, who is charged with four counts of child abuse, awaits a bond hearing with his attorney Refik Eler in Judge Robert Mathis's courtroom Thursday. The hearing was to decide if Marcum's bond would be reduced from $500,000 to $25,000.

By JUSTIN YURKANIN, Staff Attorneys argued whether a man charged with four counts of child abuse should have his $500,000 bond reduced.

After hearing both sides Thursday morning, Circuit Judge Robert Mathis said he would need more time to weigh the arguments.

He said Thursday afternoon he will decide today whether Henry Ked Marcum, 41, of 1097 Eastwood Branch Drive, will remain in jail on the bond.

Marcum was arrested as he stepped off a plane in Seattle on June 25 after investigators with the St. Johns County Sheriff's Office learned he disciplined his stepsons by hitting them with a belt.

Marcum also made at least one of his four stepsons sleep in the bathtub for minor slips like not remembering to turn off the light or making too much noise, investigators said.

On April 7, detectives were called to Marcum's home in Fruit Cove. Detectives reported the eldest stepson was found in his bedroom, hanging with the belt his father beat him with a noose around his neck.

The 13-year-old boy was pronounced dead in what appears to be a suicide, detectives reported. His brothers were taken from the home by the Florida Department of Children and Families on April 9. They now live with other relatives, according to the Sheriff's Office.

Marcum's attorney, Refik Eler, argued that his client was a businessman and had roots in St. Johns and Duval counties. He said Marcum would stay at his aunt's house in Jacksonville on the condition he have no contact with any children.

"There's definitely no threat to his children," Eler said.

Assistant State Attorney Cheryl McCray said Marcum has a long criminal history and is a flight risk.

Beside the counts of child abuse in St. Johns County, Marcum has also been indicted on an escape charge in Ohio, she said. McCray said he was on probation from a conviction on seven counts of theft, two counts of theft from the elderly and a count of grand theft in Ohio.

Before he left Florida in June, Marcum told his parole officer he was going to California, not Seattle. McCray reminded Mathis that Seattle is only an hour-and-a-half drive to the Canadian border.

"His incentive to flee is great," she said. "There is no basis here for bond."

Eler said Marcum has a good record of showing up to court. Following his previous arrests, he has never missed an appearance, Eler said.

He said most of Marcum's arrests were non-violent, economic crimes.

He said Marcum had to return to work at his business, English Home Improvements, which Eler called a "30-plus employee company." Eler said it was failing in Marcum's absence.

McCray argued Eler's points.

Marcum was sentenced to 15 years in prison for a robbery charge in Kentucky in 1982, she said. He was also arrested after a girlfriend reported to authorities Marcum pointed a gun at her head and threatened her.

The charges were dropped in that case, McCray said, though Marcum did admit he pointed the gun at her.

As for his business, Marcum only employed four or five people, McCray said. The rest were subcontractors. She said two of the employees left since April. "It appears the business is closing," McCray said.

Judy MCKay was a telemarketer at English Home Improvements, located on Sunbeam Road in Jacksonville. She remembered one day in the office when Marcum and his wife told her how they disciplined their children.

"They both were talking about children, rearing children, and they said their punishment for their children was hitting them with a belt," MCKay said.

When the kids came around they never had any bruises, MCKay said. She remembers only one visit when Marcum yelled at his son to get to the front of the store. "He sure listened to what Hank told him what to do," MCKay said.

She remembered the eldest stepson as a cheerful, sweet boy. "He always had a smile on his face, a bubbly, happy, go-lucky type of kid," MCKay said. She found it hard to believe he would kill himself.

In the hours before police investigated the boy's death, MCKay remembered Marcum was angry because business was bad. "He was just hollering and screaming at everybody," MCKay said. "I felt he went home with the anger in him."